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7 May 2009

08 November 2007 / Neil Parpworth
Issue: 7296 / Categories: Features , Constitutional law
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Neil Parpworth presents the case for fixed-term Parliaments

The Parliament Act 1911 provides that the life of a Westminster Parliament is limited to five years. In effect, therefore, in the absence of exceptional circumstances justifying an extension, there must be a general election within five years of the previous election. Thus, unlike the devolved legislatures in Scotland, Wales and Northern Ireland, the Westminster Parliament does not sit for fixed terms. A general election may be called as and when the prime minister of the day desires, provided that the monarch agrees that Parliament be dissolved using her power under the royal prerogative. The political advantage which accrues to the party in government is therefore obvious and considerable.

POWER TO DISSOLVE PARLIAMENT

Had Gordon Brown asked the Queen to grant a dissolution last month, it is certain that she would have done as she was bid. To justify an election, Brown might have argued that, as a relatively new prime minister, it was important that his government obtained its own mandate from the electorate rather

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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